EMPLOYEE OR CONTRACTOR? WHAT IS THE DIFFERENCE?
This blog post is meant to be an introduction to employment law basics, a tool to help you figure out what rights you do or do not have as an employee, and what to look out for on the job.
This blog should not be taken as legal advice. If you have any questions or concerns, you should contact a legal professional, or the Workplace Justice Project for more information and guidance.
The Basics
The following questions should help you determine if you are an independent contractor or an employee. Once you figure this out, take a look at the blog posts on Contracts 101 and Employee Rights to learn more about your rights.
Do you control where, when, and how you do your work?
Do you have a specialized skill that is needed to do the work?
Do you bring your own tools to the job site?
Do you go to work at a worksite that is owned by someone else?
Do you work for a specific amount of time? (one month, from one date to another)
Are you paid by the job?
Are you able to subcontract part of the job to someone else?
Do other people in your industry usually consider themselves independent contractors?
Do you work as an LLC or in business for yourself?
Do you only get paid in money, and not in benefits, like health insurance?
Do you believe you are a private contractor?
Does the other person think you are a private contractor?
The more “yes” answers to the questions above, the more likely you are to be determined to be an independent contractor. If you are unsure about any of the above questions, be sure to contact a legal professional.
Determining whether you are a private contractor or employee is the first step to making sure you know what your rights are. While many people only run into this issue once there is a dispute or issue at work, it is a good idea to be proactive and know where you stand before something goes wrong.
Guest post by William Ercole, a 3L student in the WJP Clinic Class at Loyola College of Law